The paper examines the incorporation of international law into Swiss legal system. Under a realistic approach, founding its roots in the Italian School of International Law, the problematic and uniqueness of Swiss legal system is explained under an alternative dimension. The intention of the author is that of (re)conceptualizing the methodology of interpretation of relationship between international law and internal law through a realistic analyze of the phenomenon, based on the social origin and nature of international law. The principal accent is given to the necessary distinction between relationship and mechanisms of adaptation. Bringing the scientific debate on social binaries might help scholars and commentators to better identify the real object and purpose of the realistic approach.
The Incorporation of International Law in the Swiss Legal System
HITAJ E
2018-01-01
Abstract
The paper examines the incorporation of international law into Swiss legal system. Under a realistic approach, founding its roots in the Italian School of International Law, the problematic and uniqueness of Swiss legal system is explained under an alternative dimension. The intention of the author is that of (re)conceptualizing the methodology of interpretation of relationship between international law and internal law through a realistic analyze of the phenomenon, based on the social origin and nature of international law. The principal accent is given to the necessary distinction between relationship and mechanisms of adaptation. Bringing the scientific debate on social binaries might help scholars and commentators to better identify the real object and purpose of the realistic approach.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
